Lowe’s, Silverthorne agree to retaining wall plan
September 27, 2010
SILVERTHORNE – Silverthorne town councilors approved the final part of the Lowe’s project – an easement allowing access to build and maintain a retaining wall – at their Wednesday meeting, putting Lowe’s in a place to move forward with construction.
The agreement provides temporary and permanent access for a retaining wall that should enable Lowe’s to create a “buildable site” and stabilize an existing section of Buffalo Mountain Drive adjacent to the property, according to a Town of Silverthorne staff memorandum.
Town councilors agreed to the easement recommendations as presented by the staff, including a specification that Lowe’s or any subsequent landowner is responsible for maintaining the retaining wall and any damages to Buffalo Mountain Drive should the retaining wall fail.
The approval also requires the property owner to provide insurance of $3 million per occurrence and $5 million aggregate to insure the retaining wall and the road.
Lowe’s officials present at the meeting accepted the agreement and said they look forward to beginning construction.
Progress with the Lowe’s project could be slowed as a lawsuit, filed Thursday against the Town of Silverthorne, plays out in court. The lawsuit claims town officials mislabeled Lowe’s as a “use by right” entity rather than a “conditional use” entity, thereby affecting the approval process from the start.